BOOK USED
CHAPTER 10
Please respond to all 3 of these question sets.
Question Set 1
Molly Brooks is employed as a clerk in a New York circuit court, which is not unionized. In addition to filing, Molly handles incoming phone calls and emails and assists walk-ins at the counter. Last week, her supervisor noticed that Molly was behind on the filing and called her in for a disciplinary meeting. Molly asked to have the meeting postponed so that she could bring a representative, but her request was denied. At the meeting, Molly admitted that she was behind but complained of being overworked and underappreciated. It was impossible, she said, to stay on top of the filing because she was also obliged to answer phone calls, respond to email inquiries, and help the attorneys, law clerks, messengers, litigants, and various members of the public who sought her assistance at the walk-in counter. She pointed out that the long lines and delays in the clerk’s office had recently been the subject of a local news story that had been highly critical of the court. The supervisor rejected Molly’s explanation and ended the meeting by giving Molly a formal reprimand and warning.
When she got home, Molly went right to Facebook and posted about the unfairness of her discipline in circumstances where she was just doing her best to serve members of the public needing essential services from the court. She also shared her post with a friend who publishes a daily legal blog. By 8:00 p.m. that evening, that blog featured a story about how Molly had been punished for spending too much time helping members of the public at the county courthouse.
When she reported for work the next morning, Molly was called back into her supervisor’s office and fired for her social media activity and the resulting story that put the court in a bad light.
In light of the Lesson 7 course reading, analyze the fact pattern using the IRAC (issue, rule, analysis, conclusion) formula:
- Identify the narrow legal issue(s) identified in the fact pattern.
- Identify the rule or test used to analyze such issues, providing a case, statute, or other basis for the rule or test. If you cite a case, please provide a complete case citation.
- Explain how that rule/test analyzes these issues.
- Identify and explain the basis for the conclusion that you anticipate a court would reach based on the law and the facts presented here.
If you need additional information to respond to the questions, describe that information and explain how it would bear on your analysis.
Question Set 2
Now assume that instead of working for a New York county circuit court, Molly is employed by a federal agency that processes administrative legal complaints; her workplace is unionized; and she’s represented by the American Federation of Federal Government Employees (AFFGE), which is a party to a collective bargaining agreement with that agency. Otherwise, assume the facts are the same as those already described.
Analyze the revised fact pattern using the IRAC formula:
- Identify the narrow legal issue(s) identified in the fact pattern.
- Identify the rule or test used to analyze such issues, providing a case, statute, or other basis for the rule or test. If you cite a case, please provide a complete case citation.
- Explain how that rule/test analyzes these issues.
- Identify and explain the basis for the conclusion that you anticipate a court would reach based on the law and the facts presented here.
In addition, explain whether Molly could challenge her discharge and, if so, describe the options she might have in that regard.
If you need additional information to respond to the questions, describe that information and explain how it would bear on your analysis.
Question Set 3
Assume Molly still works at a federal agency and all the facts above still apply. But now add this scenario: Molly has discovered that a male coworker who was similarly situated got suspended instead of being fired.
- Describe the additional claim(s) that Molly might have in light of this additional information and the law upon which that claim(s) would be based.
- Describe the process that Molly could follow to assert the claim(s).
- Is it likely that she could file a lawsuit in court? If so, on what basis? If not, why not?
If you need additional information to respond to the questions, describe that information and explain how it would bear on your analysis.
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